Advocates Amendment Bill 2023 passed

Why in News

      The Advocates Amendment Bill, 2023, was recently approved by the Lok Sabha during the Winter Session of Parliament.

Aims of the Bill:

•     This legislative move aims to eradicate the presence of 'touts' in the legal system.

•     The Bill involves the repeal of the colonial-era Legal Practitioners Act, 1879, and amendments to the Advocates Act, 1961.

Repealed 1879 Act:

•     Definition of 'Tout': The now-repealed Legal Practitioners Act, 1879, defined a 'tout' as someone who, in exchange for remuneration, procures the employment of a legal practitioner in any legal business. This definition included individuals frequenting legal institutions for such purposes.

Introduction of Section 45A

•     The Bill introduces a new provision, Section 45A, in the Advocates Act, 1961.

•     This section empowers High Courts and district judges to frame and publish lists of 'touts' after providing them with an opportunity to contest their inclusion.

Legal Safeguards

•     The new provision ensures that no individual's name is included in the 'touts' list without affording them an opportunity to present their case.

•     Authorities can send suspected 'touts' to subordinate courts for inquiry, and only proven cases will be included in the published list.

Penalties for Acting as a Tout

•     Section 45A imposes penalties, including imprisonment and fines, for individuals acting as 'touts' while their names are on the published list.

•     This provision mirrors Section 36 of the now-repealed 1879 Act.